Taking legal action against Accountant

[Ian Richardson GT Leeds]

Has anyone taken legal action against their accountant in respect of the LC/DR scams?

Can anyone recommend a solicitor who understands this domain?

Julia Norris at FSLegal has some experience with these sorts of claims and is user friendly. She says the question of whether the scheme paid your accountant a commission, and whether your accountant disclosed that to you is a key point

Good luck!

[Paralytic]

• Do you know if this has been tested?
• Or is this based on professional experience/advice?

Please don't misinterpret as rudeness - but it's vital to try clarify if this is hearsay or established.

That is certainly the sentiment I see expressed on the forums, but I've received Professional opinions which disagree.

No rudeness taken - I've no specific experience/advice here other than knowing how these things tend to work and the people who peddle them are very good at covering their backs.

You still haven't said on what basis any claim against an accountant would be with regards to LC/DR. ie. Did they recommend a dodgy scheme (in which case the words they used, and you can prove they used, will be very important), or did they fail to recognise it was a dodgy scheme?

[eek]

• Do you know if this has been tested?
• Or is this based on professional experience/advice?

Please don't misinterpret as rudeness - but it's vital to try clarify if this is hearsay or established.

That is certainly the sentiment I see expressed on the forums, but I've received Professional opinions which disagree.

Are those people taking your case on a no win no fee basis or are they asking for a significant amount of money upfront.

Heck even the no win no fee people are often willing to take on cases that (to me) had zero chance - see for example UmbrellaReclain because they hoped to get a settlement to disappear.

[edison]

Be very clear on what you want to achieve from any legal action. Legal fees can quickly accumulate into the thousands.

If you're seeking damages or compensation then maybe doing an online search for any legal precedents might help before you engage a lawyer.

[Paralytic]

This is probably the answer but still I get it's frustrating. To pay a professional who you should be able to trust to be sold a pile of crap that could you ruin your life it's fair to feel they are partially responsible. You could argue they've failed in their professional duty but proving it legally isn't likely to work.

Fully agree but even if someone is recommended a dodgy scheme by an accountant, claiming against that accountant for bad advice will still be extremely difficult - you can pretty much guarantee they will have covered themselves with their T&Cs. Choosing the scheme in the first place reduces that chance to close to zero IMO.

[northernladuk]

If an individual selected a scheme, and someone from that scheme recommended an accountant, and that person then chose to use that accountant, then I can't see how anyone could have a claim against that accountant. It was their choice of both scheme and accountant.

This is probably the answer but still I get it's frustrating. To pay a professional who you should be able to trust to be sold a pile of crap that could you ruin your life it's fair to feel they are partially responsible. You could argue they've failed in their professional duty but proving it legally isn't likely to work.

[Paralytic]

One Scheme recommend an accountant, with the understanding that they understood the scheme.

If an individual selected a scheme, and someone from that scheme recommended an accountant, and that person then chose to use that accountant, then I can't see how anyone could have a claim against that accountant. It was their choice of both scheme and accountant.

[NickLeeson2]

One Scheme recommend an accountant, with the understanding that they understood the scheme.

[Paralytic]

What is the basis of the complaint? Did they recommend a scheme to you that resulted in the LC being applied?

[Fred Bloggs]

If the accountant is a member of a professional body like ICAEW for example, it might be worth investigating their policy on complaints against members. Though I have to say my own experience (not with an accountant I might add) is that unless it's something clear cut and serious*, the professional body won't take a lot of notice of you. But at least it won't cost you anything to try.

* Upton style, for example.

[SapphireStooge]

Has anyone taken legal action against their accountant in respect of the LC/DR scams?

Can anyone recommend a solicitor who understands this domain?